도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 1, 2007, the Defendant was issued a summary order of KRW 700,000,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act, and KRW 1.5 million by the same court on May 9, 2013.
On January 11, 2017, at around 23:40, the Defendant driven a B B B B BT car under the influence of alcohol concentration of about 2km from the 2km section to the front road of the gas station located in the Namdong-gu Incheon Metropolitan City, Seodong-gu, Incheon. from the active duty road to the river of the oil station located in the same 477-9 fishery Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. References to inquiries, such as criminal history, and application of Part II of the summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including all the conditions for various sentencing specified in the pleadings of the instant case for the reason of sentencing and observation of protection and order to attend lectures, but in particular, considering the following circumstances: An unfavorable circumstance: A second offense committed even if a person was punished twice due to drinking alcohol driving;